Plaintiff, a cognitively disabled adult, was a resident in a CILA facility operated by the defendant when she was permitted to have unsupervised visits with a male from outside of the facility and beca...me pregnant. The CILA facility did not recognize the plaintiff's pregnancy for 5 months and continued to administer Depakote, a drug that is contraindicated for pregnant women.
Medical malpractice
J.D. v. Northwestern Memorial Hospital
Jun 24, 2014
OUTCOME: Settlement - $1,500,000.00
Plaintiff was misdiagnosed with breast cancer and underwent an unnecessary mastectomy.
Personal injury
Estate of C.R. v. Union Pacific Railroad
Feb 07, 2013
OUTCOME: Verdict for Plaintiff for $2,270,000.00, reduced by 30% to $1,579,000.00
Plaintiff was a railroad employee who was struck by a train while working in the rail yard and suffered a severe laceration to his leg as a result of being dragged by the train. The defendant alleged ...that the plaintiff was at fault for the accident because he was walking too close to the tracks and in the "red zone" at the time of the occurrence.
Wrongful death
B.L. v. Christian Youth Center Ministries and Leisure Lake Membership Resort
Oct 01, 2010
OUTCOME: $1,986,485 Verdict for Plaintiff
Plaintiff was a 9 year-old special needs child that was enrolled in a summer day camp operated by a Christian youth ministry in Joliet, Illinois. The day camp escorted the campers to a swimming facili...ty that included a wading lake with a depth of 5 feet at its center where the children were permitted to play in the water. The facility was not staffed with certified lifeguards and the day camp did not provide certified lifeguards to supervise the children, relying instead upon its counselors and volunteers. Shortly after the children entered the wading lake, the plaintiff was found by a fellow camper unconscious under the water. He was given CPR by the camp director and was revived by the paramedics and taken by ambulance to St. Joseph’s Hospital where he was admitted in critical condition to the Pediatric Intensive Care Unit. Sadly, the extent of brain damage caused by the lack of oxygen from the drowning was too great for the child to survive his injuries and he died one week later. At trial, the defendants claimed that they were unaware of the plaintiff’s cognitive disabilities and were also not informed by his family that he was unable to swim. The day camp argued to the jury that the child’s special needs were concealed from the day camp by the family so that he would be able to participate in a mainstream day camp with higher functioning children, rather than a special needs camp with lower functioning children, and that had the day camp been made aware of the child’s special needs he would not have been permitted to participate in their camp activities or would have been monitored more closely. At trial, John R. Gorey of Curcio Law Offices argued that both of the defendants were responsible for the plaintiff’s drowning death due to their inadequate staffing and training and their negligent supervision of the children. The jury found in favor of the plaintiff and against both defendant and the resulting verdict of $1,986,485 was over four times greater than the defendants combined pre-trial offer.
Car accident
G.C. v. Estate of Nawiesniak
Nov 13, 2009
OUTCOME: $98,000.00 Verdict
Plaintiff was operating her vehicle on a through street when the defendant pulled off of a side street directly into path of travel thereby causing the Plaintiff to strike the defendant's vehicle. As ...a result of the crash, plaintiff developed lower back pain which was ultimately diagnosed as a bulging disc. The defendant's insurance comapny contested the cause of the injury and retained a neurosurgeon as an expert witness to testify that the injury pre-existed the crash. The jury rejected the opinion testimony of the defendants hired expert and returned a verdict three times larger than the pre-trial offer.
Motorcycle accident
J.Q. v. City of Chicago and Bigane Paving Co.
Nov 06, 2007
OUTCOME: $900,000.00 Settlement
The Plaintiff was operating his motorcycle when he struck an unsigned and unbarricated roadway cut-out within his lane, thereby causing him to lose control of the motorcycle and collide with a steel fe...nce on the adjacent parkway. The roadway was owned and maintained by the City of Chicago and at the time of the occurrence, the city had retained Bigane Paving Co. to undertake a roadway repaving project in the where the occurrence took place. Several days prior to the occurrence a Bigane Paving crew created the roadway cut-out, but did not fill it in or repave it prior to the occurrence. Plaintiff alleged that both of the defendants were responsible for making sure that the unfinished roadwork was properly barricaded and that warning signs should have been placed in the roadway to warn drivers of the danger. As a result of the motorcycle crash, the plaintiff sustained significant trauma to his leg requiring surgery to remove a portion of his hamstring muscle.
Personal injury
B.P. v. Carpet Close-Outs, et. al.
Feb 03, 2005
OUTCOME: $1,200,000.00 Settlement
Plaintiff was a 28 year old woman and mother of two that was shopping in a remnant carpet store when a wooden rack that held rolls of carpet collapsed, burying the plaintiff underneath and causing her ...death by suffocation. The defendant carpet store was insured for only $500,000 and the insurance company for the building that housed the store had gone into liquidation, which significantly impacted the likelihood of a meaningful recovery for the plaintiffs. The pre-suit investigation conducted by Curcio Law Offices revealed several other related business entities that were liable for the incident and the case settled for the maximum available of the insurance coverage.
Personal injury
Czernick v. Mussman's Back Acres, Inc.
Nov 08, 2004
OUTCOME: $2,600,000.00 Settlement
Plaintiff was operating a motor vehicle on a rural road that collided with a pick-up truck that was owned and operated by a local dairy farm in Kankakee County, Illinois. The plaintiff, a 33 year-old ...woman and mother of 4 died as a result of the injuries sustained in the collision.
Personal injury
R.D. v. Cohen
Jul 01, 2002
OUTCOME: $1,140,793.14 Verdict
The Plaintiff was travelling with his wife in their vehicle on the Edens Expressway when a vehicle operated by the defendant swerved into their lane, causing him to lose control and careen off of the r...oad and into the embankment along the expressway. As a result of the collision, the plaintiff sustained a dislocated and fractured hip requiring a hip replacement surgery. The defense contested liability and claimed that there was no contact between the two vehicles and that the collision was the result of an overeaction by the Plaintiff. The defense further contended that the hip replacement surgery was not related to the crash. At trial, it was established through expert testimony from evidence of paint tranfers that the vehicles did indeed come in contact with each other and further that the debris path from the collision indicated that, contrary to the defense version of the collision, the plaintiff's vehicle was struck by the defendant and caused the accident. The pre-trial offer of $250,000 by the defendant's insurance company of was rejected by the plaintiff and at the close of evidence the jury returned a verdict in excess of one million to the plaintiff.
Personal injury
W.L. v. Chicago Transit Authority
Mar 13, 2002
OUTCOME: $1,067,310.83 Verdict
Plaintiff was operating his motor vehicle on an on-ramp while attempting to merge onto the Bishop Ford expressway when he collided with a disabled CTA bus that had attempted to pull over to the shoulde...r of the road but did so with a portion of the bus remaining in the lane of travel. At the time of the occurrence, it was dark in the area of the crash and the bus driver failed to turn on its hazard lights or place flares or other warnings at the rear of the bus to warn drivers of its presence. As a result of the crash, Plaintiff sustained a fractured knee and dislocated hip requiring his hospitalization and multiple surgeries.